Wicomico County, MD

Council Minutes

November 19, 2002 

 

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, November 19, 2002.  The meeting was held in Council Chamber, Government Office Building, Salisbury, Maryland.  Present were L. Russell Molnar, President; Rebecca Taylor-White, Vice President; Philip L. Tilghman, Edward T. Taylor, Stevie Prettyman, Marvin R. Long, and A. David Ennis.

 

President Molnar brought the meeting to order and called for additions or corrections to the Minutes of November 5, 2002.  The Minutes were approved with a numerical correction noted by the President.

 

During the course of the meeting Council recognized the attendance of retired Administrative Director Matthew E. Creamer, former Council member Kenneth T. Matthews and, Council members-elect Gail M. Bartkovich and Charles “Chip” Dashiell. 

 

Council member Long presented a Certificate of Excellence to Wicomico County Emergency Management (9-l-l Center) for having met inspection requirements conducted by the State of Maryland Department of Public Safety and Correctional Services. Evaluations of staff, equipment, policy, training records, security and readiness to receive number and location information were performed.  Jane Grogan, Deputy Director and Chris Twilley, Communications Operator II accepted the Certificate. 

 

Theodore E. Shea, Administrative Director reported the Board of License Commissioners has been named in a federal lawsuit and. unanticipated legal expenses currently total $1400. The Board has accumulated in excess of $17,000 from collection of fines and wishes to transfer funds to cover the expense.  Upon motion made by Ms. Taylor-White, seconded by Mrs. Prettyman, and unanimously carried, Council approved the request and authorized the following Transfer of Appropriations.  Mr. Tilghman commented that this is the first time the Board has been named in a legal suit and that it’s timely to consider their inclusion in the County’s insurance coverage. The County Attorney advised that staff is currently in the process of considering its options.

 

TRANSFER TO                                  TRANSFER FROM

 

001-253-520.00.034 License Board Contractual Services 001-992-570.00.070 Unanticipated Revenue

          $1400                                                           $1400

 

On motion of Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council approved $400 to assist with the burial of the late Edward V. James.

 

 TRANSFER TO                                       TRANSFER FROM

 

001-111-510.00.070 County Council                                    001-990-570.00.033 Contingency

          $400                                                            $400

 

The Maryland Department of Housing and Community Development has submitted a favorable monitoring report for Shady Pines Adult Day Care Center, administered by Shore Up, Inc. Ms. Lori Carter, Deputy Planning Director and the County’s Grant Coordinator informed Council that the State has announced the availability of rehabilitation loan funds for the current fiscal year and, that closing fees for Wicomico County are increased from $700 to $1,000.  In addition, loan availability is increased from $30,000 to $60,000.  To continue participation in the program Wicomico County must submit a Letter of Intent. Upon motion made by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council authorized a Letter of Intent. 

 

Relative to the County’s interest in studying Adequate Public Facilities, Mr. Shea advised that Tischer & Associates proposes to conduct an Impact Fee Feasibility Analysis at a cost of $6500 for the assignment including out of pocket expense, and $1400 for the presentation including out of pocket expense; invoices are issued on a percentage completion basis. Upon motion made Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council contracted Tischer & Associates and authorized the following Transfer of Appropriations:

TRANSFER TO                                  TRANSFER FROM

 

001-181-510.00.034 P&Z Contractual Services                 001-990.570.00.033 Contingency

                $6500/$1400= $7,900                                                                            $6500/$1400 = $7,900

 

E. Bruce Ford, Comptroller for the Board of Education, submitted a request for transfers of funds between major categories of its FY 2002-03 Annual Budget for the month of November, in the amount of $5,500. Requiring Council’s concurrence, upon motion made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council granted approval. Council also concurred with transfers of funds within major categories (which do not require Council action) in the amount of $100,500.

 

Mr. Shea advised that Nola Arnold serves as the education/at-large representative of the Lower Shore Workforce Alliance Board, that her term has expired and she is  willing to continue to serve. Upon motion made by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council re-appointed Ms. Arnold for a term of four years.

 

Mr. Shea recalled earlier discussion of deregulating the electrical industry and Council’s approval to receive, and ultimately adopt, the RFP for two accounts; the Government Office Building and Wicomico Youth and Civic Center. Currently serviced by Constellation New Energy, Inc., the company proposes to extend the contract for an additional year, through May 2004, projecting County savings of $12,770. On motion of Mr. Long, seconded by Mr. Ennis, and unanimously carried, Council approved the extension of the contract.

 

Patricia B. Petersen, Director of Finance submitted the Statement of Latest Investment Rates/Balances for All County Funds as of November 19, 2002, which reflects a total General Fund balance of $599,304; Capital Project Fund balance of $29,334,906. Total Major Non-Designated County Funds $44,495,768, Total Designated Reserves and “Rainy Day” Reserve Funds, $4,775,992.  The report for Room Tax Collections for the Month of September was submitted with two delinquencies.  John Ellis, Chief Accountant, shared a report of significant year-to-date transactions for the General Fund with supporting graphs.

 

Public Works Director, P. Rai Sharma requested Raven Court, Coty Cox Subdivision, be taken into the county roads system for maintenance. Upon motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved the request.  Mr. Sharma also gave Council updates of various County Roads projects, which are all preceding satisfactorily; Richland Road; Cloverdale Drainage; Wetipquin Road, Northeast Collector Phase I Bike Path, and Northeast Collector Phase II.  Mr. Sharma also submitted the Litter Control and Ditching Reports for the month of October 2002.

 

Captain Robert VanMeter, Office of the Wicomico County Sheriff, gave Council a slide presentation of the DRILL Academy.  Weather conditions notwithstanding, Council heard the project is progressively moving. Mrs. Prettyman raised the question of appointments to an Interim Advisory Board, to which President Molnar wished to defer to incoming Council members.  Council concurred. Mr. Tilghman, while not suggesting who Council would appoint, reminded the sitting Council that Charles Habliston has repeatedly expressed interest in serving that Board.  Captain VanMeter extended Council an invitation to attend an information meeting with Captain Scott Salley, former Commander of Collier County DRILL Academy, who will visit Salisbury November 22. Culminating the presentation, Sheriff R. Hunter Nelms and Captain VanMeter thanked departing Council members for their years of support.

 

Edgar A. Baker, Jr., County Attorney, together with David Bennett, Bennett Construction, recalled the Public Meeting and Public Hearing on the proposed resolution to amend Wicomico County’s Solid Waste Management Plan to allow for the construction of a processing facility owned and operated solely by Bennett Construction. Subsequent to the Public Hearing Council instructed Mr. Baker to draft the Amendment however; Mr. Bennett does not agree with its entire content and wishes to delete the Proposed Addition. Following discussion, upon motion made by Ms.Taylor-White, seconded by Mrs. Prettyman, and unanimously carried, Council adopted the Original Proposed Amendment and deleted the Proposed Addition.  (see attachments).

 

Judy Ritter, Elections Director, and Woody Willing, Board Member, came before Council to address shortages in Operating and Salary Accounts, the result of excessive costs associated with recent elections, legislative redistricting, and multiple petitions for the City of Salisbury.  In addition, Mrs. Ritter wishes to retain part-time staff to complete the work. To accomplish this she requests the following transfers: $9240 to Operating to cover outstanding invoices; $3,000 to Salaries to continue part-time staff and, $2,442.44 to Salaries to cash out one-half of earned compensatory time for staff; with the understanding staff is allowed to take the time during more suitable schedules. On motion of Mr. Taylor, seconded by Mrs. Prettyman, and unanimously carried, Council approved the following Transfers of Appropriations:

 

TRANSFER TO                                           TRANSFER FROM

001-142-510.00.004 Elections Salaries                                                 001-990.570.00.033 Contingency

                $2,442.22                                                                                                $2,442.22

                $3,000                                                                                                     $3,000

               

001-142.510.00.054 Elections Operating                                                              001-990.570.00.033 Contingency

                $9,240                                                                                                                     $9,240

                                      

Ms. Taylor-White raised interest in the increased cost to the Board of Elections’ Office resulting from the increased disproportionate use by the City of Salisbury, as compared to its limited use by other municipalities, and suggested that a cost adjustment may be in order. Mr. Tilghman remarked that municipal governments might avoid using more sophisticated techniques for voting if they had to pay for their use and further, that he does not have issue with Wicomico County government paying for all elections in Wicomico County, including the City of Salisbury. Ms. Taylor-White emphasized that she very much supports citizen involvement and the promotion of participation in the electoral process, but believes it appropriate to receive reimbursement for the cost of services that other municipalities incur, especially in light of Wicomico’s current fiscal constraints. Mrs. Ritter then advised that a meeting has been scheduled with the City of Salisbury to discuss a possible contract and, the same type meeting will be held with the City of Fruitland.  She also stated that the Election Office would not diminish its level of educational programs in the community.

 

            Mrs. Gloria Smith, Planner, appeared before Council regarding Maryland Agricultural Land Preservation Program – Commitment of Funds to Local Matching Program.  Recalling Wicomico County’s participation in the Local Matching Program to commit funds to supplement State offers Mrs. Smith advises the Planning Staff recommends committing $30,000 toward the FY 2003 Easement Acquisition Program, in conjunction with the State Foundation adding 60 percent.  On motion made by Ms. Taylor-White, seconded by Mr. Tilghman, and duly carried with Mrs. Prettyman absent for the vote, Council accepted the recommendation.

 

            The Administrative Director provided the sitting Council with the Proposed Capital Budget and Five-year Capital Improvements Program for 2004-2008.  In accordance to Charter provisions the County Council, in Executive Session, shall give notice of a Public Hearing on the Capital Program; to be held prior to December fifteenth.  Mr. Shea suggested and Council concurred, to defer setting the date for Public Hearing to the incoming Council.

 

            Mr. Shea reminded Council this is the date of the annual meeting with the Maryland Department of Transportation, to be held at the Wicomico Youth & Civic Center at 7:00 p.m.  The meeting is open to the public.

 

PUBLIC COMMENTS

 

            Former Council member Kenneth Matthews expressed appreciation for Council authorizing the review of the County Charter, that he encourages its orientation with  incoming Council, and wishes to see continued citizen participation in the process. 

 

            Mr. David Humphreys, Modern Industries, recalled the request to renew his lease on County-owned property, and whether any determination had been made regarding the percentage of return to the County. Council instructed a follow-up to the request by the Administrative and Public Works Directors and the County Attorney.

  COUNCIL COMMENTS

 

            Mr. Tilghman, who departs his office as Council member at-large on December 3rd, articulated what an honor and privilege it has been to serve Wicomico County for sixteen years and with seventeen individuals elected to office, with one common goal - to serve the citizens of Wicomico County and to make the County a better place after having served. He spoke of successful partnerships with private industry, the business community, Maryland Baseball to create the Arthur W. Perdue Stadium, Worcester County for partnering the development of the Air Traffic Control Tower and Wor Wic Community College; Dorchester, Somerset, and Worcester Counties for the development of the DRILL Academy. 

 

            Ms. Taylor-White, departing four-year veteran, expressed that it has been her  pleasure to serve the citizens of Wicomico County.  She stated that many good achievements were made in past years and in these last four years.  Further, that she is pleased a vote was taken today to move forward with a study on Impact Fees. Ms. Taylor-White looks forward to continuing to provide whatever support she can and encourages citizens to address concerns that are important to them as a community, to those who will make decisions. 

 

            Mr. Ennis also expressed appreciation for having been appointed to serve the citizens of Wicomico County for the past two years.  He noted special appreciation to his employer, Perdue Farms.  In leaving, he recognizes the County faces extreme difficulties; budgetary restrictions, educational, and unforeseen needs such as water and sewer. With reference to the Performance Audit, he reiterated its consensus that Wicomico County is not wasteful.  Mr. Ennis concluded that Wicomico County has a dedicated workforce.

 

            President Molnar leaves office after eight years of public service to the citizens of Wicomico County. Expressing how fortunate it is to have dedicated, talented people, who are willing to serve in whatever capacity they can to make the County a better place.   He stated people strive for public office to make the County better for their having served. In his opinion, not a complicated job, but one based on finding where needs are, then resolving to meet them.  Termed an educational process, President Molnar stressed the importance of partnerships at local and state levels, with the most difficult level in his opinion, serving locally – “because that’s where you live”.

 

            Mr. Long made a motion to enter a closed session.  The motion was seconded by Mr. Ennis, and duly carried.

 

            There being no further business to come before the County Council in Executive Session, the meeting was adjourned.       

 

__________________________________­­_______

                                                                        L. Russell Molnar, President/District Three

 

                                                                        ________________________________

                                                                        Rebecca Taylor-White, Vice President

 

                                                                        ________________________________

                                                                        Philip L. Tilghman, At-Large

 

                                                                        _________________________________

                                                                        Edward T. Taylor, District One

 

                                                                        _________________________________

                                                                        Stevie Prettyman, District Two

 

                                                                        _________________________________

________________________                        Marvin R. Long, District Four

Theodore E. Shea, II

Administrative Director                                    _________________________________

A.     David Ennis, District Five

 

_____________________________

Theodore E. Shea, II

Administrative Director